Town of Henlopen Acres, DE
Sussex County
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[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 4-11-2008[1]; amended 7-18-2014. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 112, Trailers, Parking of, adopted 7-14-1978, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
CONSTRUCTION EQUIPMENT
Any vehicle or portable device, whether licensed or not, designed and used for site preparation, construction, or installation of materials used in construction.
PARKING
To stop or stand for any period of time on public or private property.
RECREATIONAL VEHICLE
A vehicle which is built on a single chassis; is designed to be self-propelled or permanently towable; and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreation, camping, travel, or seasonal use.
TRAILER
Any vehicle without mode of power designed to carry property or passengers and to be towed; including but not limited to a boat trailer, office trailer, camping trailer, construction trailer or utility trailer.
It shall be unlawful for any person to park or permit to be parked a trailer, recreational vehicle, or construction equipment on any unenclosed site, lot, field or tract of land; provided, however, that construction equipment may be parked during a period of active use and work on the property on which the construction equipment is parked. Such construction equipment shall be removed over weekends, beginning Friday at 5:00 p.m. until Monday morning at 8:00 a.m. Such equipment shall be removed no later than 72 hours following the end of active work on the property.
It shall be unlawful for any person to park or cause to be parked, a trailer, recreational vehicle, or construction equipment on any street, alley, highway, bridle path, or any other public place within the corporate limits of the Town of Henlopen Acres without prior permission of the Town Manager.
A. 
Notwithstanding any other provision concerning a penalty, any security person or the Town Manager, while in the performance of his or her duty, may remove or cause to be removed, at the expense of the owner or operator of any trailer, recreational vehicle, or construction equipment parked in violation of this chapter when the owner or operator is unable, unwilling, or unavailable to move such a trailer, recreational vehicle, or construction equipment immediately.
B. 
If any trailer, recreational vehicle, or construction equipment is removed, including but not limited to the towing charge, a reasonable charge for storage not to exceed a charge set from time to time by the Commissioners for each day or part thereof that the manufactured home, trailer, recreational vehicle, boat trailer, with or without a boat, or construction equipment is so stored and any court costs, including reasonable attorney's fees that may be incurred by the Town. In addition, said owner or operator shall sign a receipt for such item prior to its being released to him or her by the storage facility.
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code. Any person violating any provision of this chapter shall pay a civil assessment of $50 per day for the first three days, then $100 per day thereafter, and shall also pay the Town's court costs and expenses, including its attorneys' fees. A separate violation shall be deemed committed each day during or on which a violation occurs or continues.